Technically, the non-borrower should sign both of the mentioned docs.
However, the current mortgage company will still discharge the mortgage WITHOUT the wife's signature on the letter. Some title companies want the owner aff signed by the vested owners,some do not. So, if the closing instructions specify the docs they want her to sign, just do those and don't dwell on the technical part. If the title company is willing to issue a title policy without the wife's signature on the affidavit, than it should be good enough for you.
I worked for a title company in the past, and I's shocked at the sloppy work that I see come through in the senario you mentioned. Trust me, I know where you're coming from!  |